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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules 2. Devices for Which the Primary Load of the Converted Voltage Is Not Delivered to a Separate End Use Product B. Location of EPS Definitions C. Testing EPSs That Are Not Supplied With an Output Cord D. USBPD EPSs With Additional Optional Voltages and Currents and Programmable Power Supplies E. Test Procedure Costs and Impact 1. Scope of Applicability 2. Testing EPSs That Are Not Supplied With an Output Cord 3. USBPD With Additional Optional Voltages and Currents and Programmable Power Supplies F. Compliance Date and Waivers IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration Act of 1974
M. Description of Materials Incorporated by Reference V. Public Participation A. Participation in the Webinar B. Procedure for Submitting Prepared General Statements for Distribution C. Conduct of the Webinar D. Submission of Comments E. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary
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I. Authority and Background An EPS is a covered product for which DOE is authorized to establish and amend energy conservation standards and test procedures. 42
U.S.C. 6295u1A DOEs energy conservation standards and test procedures for EPSs are currently prescribed at 10 CFR 430.32w and 430.23bb, respectively. The following sections discuss DOEs authority to establish test procedures for EPSs and relevant background information regarding DOEs consideration of test procedures for this product.
A. Authority The Energy Policy and Conservation Act, as amended EPCA,1 authorizes DOE to regulate the energy efficiency of certain consumer products and types of industrial equipment. 42 U.S.C. 6291
1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.

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6317 Title III, Part B 2 of EPCA
established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth provisions designed to improve energy efficiency for a variety of products and equipment. These products include EPSs, the subject of this document. 42
U.S.C. 629136A; 42 U.S.C. 6295u EPCAs energy conservation program consists essentially of four parts: 1
Testing, 2 labeling, 3 Federal energy conservation standards, and 4
certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions 42 U.S.C. 6291, energy conservation standards 42 U.S.C. 6295, test procedures 42 U.S.C. 6293, labeling provisions 42 U.S.C. 6294, and the authority to require information and reports from manufacturers 42 U.S.C.
6296.
The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: 1 Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA 42
U.S.C. 6295s, and 2 making representations about the efficiency of those consumer products 42 U.S.C.
6293c. Similarly, DOE must use these test procedures to determine whether the products comply with relevant standards promulgated under EPCA. 42
U.S.C. 6295s Federal energy efficiency requirements for covered products established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. 42 U.S.C. 6297
DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. 42 U.S.C. 6297d Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products.
EPCA requires that any test procedures prescribed or amended under this section be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and not be unduly burdensome to conduct.
42 U.S.C. 6293b3
In addition, EPCA requires that DOE
amend its test procedures for all covered products to integrate measures of 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

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standby mode and off-mode energy consumption. 42 U.S.C. 6295gg2A
Standby mode and off-mode energy consumption must be incorporated into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product unless the current test procedures already account for and incorporate standby mode and off-mode energy consumption or such integration is technically infeasible. 42
U.S.C. 6295gg2Ai If an integrated test procedure is technically infeasible, DOE must prescribe separate standby mode and off-mode energy use test procedures for the covered product, if technically feasible. 42 U.S.C.
6295gg2Aii Any such amendment must consider the most current versions of International Electrotechnical Commission IEC Standard 62301 3
and IEC Standard 62087 4 as applicable.
42 U.S.C. 6295gg2A
The Energy Policy Act of 2005
EPACT 2005, Public Law 10958
August 8, 2005, amended EPCA by adding provisions related to EPSs.
Among these provisions were a definition of EPS and a requirement that DOE prescribe definitions and test procedures for the power use of battery chargers and external power supplies.
42 U.S.C. 6295u1A
The Energy Independence and Security Act of 2007 EISA 2007, Public Law 110140 December 19, 2007 later amended EPCA by modifying the EPS-related definitions prescribed at 42 U.S.C. 6291. While section 135a3 of EPACT 2005 defined an EPS as an external power supply circuit that is used to convert household electric current into DC current or lower-voltage alternating current AC
to operate a consumer product, section 301 of EISA 2007 further amended this definition by creating a subset of EPSs called Class A EPSs. EISA 2007 defined this subset of products as those EPSs that, in addition to meeting several other requirements common to all EPSs, are able to convert line voltage AC to only 1 AC or DC output voltage at a time and have nameplate output power that is less than or equal to 250
watts. 42 U.S.C. 629136Ci As part of these amendments, EISA 2007
prescribed minimum standards for these products hereafter referred to as Level IV standards based on the marking provisions detailed under 10 CFR
430.32w4 and directed DOE to publish a final rule to determine 3 IEC 62301, Household electrical appliances Measurement of standby power Edition 2.0, 2011
01.
4 IEC 62087, Methods of measurement for the power consumption of audio, video, and related equipment Edition 3.0, 201104.

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